MINUTES
WHITTIER CITY COUNCIL
WHITTIER REDEVELOPMENT SUCCESSOR AGENCY
WHITTIER UTILITY AUTHORITY
REGULAR JOINT MEETING
COUNCIL CHAMBER, 13230 PENN STREET
OCTOBER 10, 2023, 6:00 PM
CALL TO ORDER - CLOSED SESSION
The Whittier City Council met in Closed Session on October 10, 2023. Mayor Vinatieri called the meeting to order at 6:03 p.m. in the Council Chamber of Whittier City HaIl, 13230 Penn Street, Whittier, California.
2. PUBLIC COMMENT ON CLOSED SESSION
None.
3. CLOSED SESSION
3.A. Approval of Minutes - Closed Session
Approve the September 12, 2023 Closed Session Minutes.
3.B. Conference with Real Property Negotiators pursuant to Government Code Section 54956.8
Property: State Route 72, Properties along Whittier Boulevard from Esperanza Avenue to Sorensen Avenue
City Negotiator: Brian Saeki
Property Negotiator: Local Agency Formation Commission, Los Angeles Under Negotiation: Price and Terms
3.C. Conference with Legal Counsel — Existing Litigation pursuant to Government Code Section 54956.9(d)(1)
Gloria Lopez v. City of Whittier — Case No. 215TCV40263
3.D. Conference with Legal Counsel — Existing Litigation pursuant to Government Code Section 54956.9(d)(1)
City Of Whittier, a Charter City; et al. v. Superior Court Of The State Of California, County Of Los Angeles, the judicial branch for the County of Los Angeles, California; et al., Case No. 235TCP03579
4. CALL TO ORDER - REGULAR SESSION
Mayor Vinatieri called the Regular Session to order at 6:40 p.m. in the Council Chamber of Whittier City Hall, 13230 Penn Street, Whittier, CA 90602.
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5. ROLL CALL
PRESENT:
Joseph A. Vinatieri, Mayor
Fernando Dutra, Mayor Pro Tern
Octavio Martinez, Council Member
Jessica Martinez, Council Member
ABSENT:
Cathy Warner, Council Member
STAFF PRESENT:
Brian Saeki, City Manager
Keith Collins, Assistant City Attorney
Shannon DeLong, Assistant City Manager
Rigoberto Garcia, Jr., City Clerk
Aviv Bar, Chief of Police
Ben Pongetti, Director of Community Development
6. PLEDGE OF ALLEGIANCE
Assistant City Manager DeLong led the Pledge of Allegiance.
CLOSED SESSION REPORT
Assistant City Attorney Collins indicated there was nothing to report out of Closed Session.
8. PRESENTATIONS
8.A. Recognition of VolunTeens
Mayor Vinatieri read a statement about the activities and contributions of the VolunTeens and presented them with a certificate.
8.B. Whittier City School District Invitation to Musical Performance Sharon Carter, Music and Drama Teacher, invited the City Council and residents to attend the Lion King, Jr. musical performance at the Shannon Center in Whittier from October 26 through October 28, 2023.
B.C. Police Department Updates
Chief Bar provided updates on reported the new bail schedule effective since October 1, 2023; part-I crimes; high frequency crimes; response times; and injury traffic collisions.
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Chief Bar answered questions regarding officer morale; reasons for increase in crime; impact of zero bail policy; staffing numbers; support received from the Council and residents; crime statistics during COVID-19; and the study from the Yolo County district attorney’s office.
9. APPROVAL OF AGENDA
MOTION
Mayor Pro Tern Dutra moved and Council Member 0. Martinez seconded a motion to approve the Agenda. The motion carried 4-0.
10. PUBLIC COMMENTS
Mayor Vinatieri indicated that any members of the audience who wish to deliver a public comment should line up by the lectern and any members of the public on Zoom who wish to deliver a public comment should raise their hand. Staff forwarded and provided copies of the email correspondence to City Council Members for review.
The following individuals provided live public comments:
Sharon Heck; Diedre Shatzen; Marilyn Avila; Leonard Avila; Fernando Lopez; Karen Anagon; Monique Holguien; Pat Lopez; Jennifer Stevens; Cane Carovski; Maggie Moe; Stephanie Vallejo; Patricia Garcia; and Isaiah Leslie Leon Savage.
There were no teleconference public comments.
All public comments and documents submitted are part of the record and are on file with the City Clerk Department. A video of the oral communications is available through the City’s website.
11. CITY MANAGER REPORT
City Manager Saeki indicated that the City of Whittier initiated litigation with 15 other communities against the Los Angeles Court Superior judges that enacted the zero bail policy schedule; and discussed a GIS Open Data Portal that will be on the city website to give residents access to additional frequently requested information.
12. JOINT CONSENT CALENDAR
Mayor Pro Tern Dutra pulled item 12.E. for individual consideration.
MOTION
Mayor Pro Tern Dutra moved and Council Member 0. Martinez seconded a motion to approve the Consent Calendar, with the exception of Item 12.E. The question was called and the motion carried 4-0.
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12.A. Waive Further Reading
Recommendation: After the City Clerk has read the title, waive full reading of all resolutions and ordinances on this agenda for adoption.
12.B. Approval of Minutes
Recommendation: Approve the September 12, 2023 Special and Regular Meeting Minutes.
12.C. Second Reading of Ordinance o. 3151 - Utility Users’ Tax Low Income Exemption Qualification
Recommendation: Conduct the second reading and adopt Ordinance No. 3151 finding that the code amendment is exempt from review under the California Environmental Quality Act and amend Chapter 3.24 (Utilities Tax) to increase the income level to qualify for utility users’ tax (U UT) exemptions for residential service users to $56,750.
12.D. Claims Against the City
Recommendation: Deny claims filed by Citlally Cisneros, Joaquin Miramontes, Teresa Bruckner, John PhilIps for Pacific American Property and Paul Hernandez.
12.F. Legal Contract Services
Recommendation: Authorize agreement with Carpenter Rothans & Dumont LLP and Christopher Brizzolara for legal services and authorize City Manager to execute necessary documents.
12.G. School Resource Officer Program Agreement Renewal Recommendation: Approve and authorize the City Manager to execute a four-year police services agreement with the Whittier Union High School District to continue the School Resource Officer Program.
12.H. CalRecycle Grant Applications
Recommendation: Adopt Resolution No. 2023-72 authorizing submittal of applications to California Department of Resources Recycling and Recovery (CalRecycle) for various payment programs and grants.
12.1. Whittier Community Center Theatre Lighting Project — Notice of Completion
Recommendation: Accept the work performed by Smart City Electric Group for the Whittier Community Center Theatre Lighting Project; and authorize the City Clerk to file the Notice of Completion on behalf of the City of Whittier.
LI
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12.J. Holiday Tree Lighting & Wreath Decor
Recommendation: Adopt Resolution No. 2023-73 to accept $8,500 in funds from the Whittier Community Foundation and amending the Fiscal Year 2023-24 Budget for the expenditure of up to $70,149 in funds for the Whittier Holiday Tree & Decor purchase; and authorize the City Manager to execute the Agreement.
The following item was pulled for individual consideration:
12.E. Chicken (Hen) Fee Reduction
Recommendation: Receive and file a report on chicken (hen) fee reduction and adopt Resolution No. 2023-71 amending Resolution No. 8865 to temporarily reduce the Minor Conditional Use Permit (MCUP) fee for certain application services related to the ownership and keeping of specified fowl on any Residential (R)-zoned lot effective through October 10, 2024.
City Manager Saeki presented the report. City Manager Saeki answered questions regarding existing restrictions on chicken (hen) ownership; enforcement of Conditional Use permit conditions; site plan requirements; and reducing the fee.
MOTION
Mayor Pro Tem Dutra moved and Council Member 0. Martinez seconded a motion to adopt an amended Resolution No. 2023-71 amending Resolution No. 8865 to temporarily reduce the Minor Conditional Use Permit (MCUP) fee for certain application services related to the ownership and keeping of specified fowl on any Residential (R)-zoned lot effective through October 10, 2024 to $300. The question was called and the motion carried 4-0.
13. PUBLIC HEARINGS
None.
14. STAFF REPORTS
14.A. Best Practices for City’s Regulation of Short-Term Residential Rentals Recommendation: Direct staff to draft a short-term rental ordinance, incorporating the City Council’s directives.
Director Pongetti presented the report. The City Council on the following best practices:
Penalties
City Manager Saeki, Assistant City Attorney Collins, and Director Pongetti answered questions regarding the difference between permit type required and business license; potential penalties for third offenses; due process for revocation of permits; and owner residency requirements.
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CONSENSUS
By consensus, the City Council directed Staff to proceed with a $1,000 fine for the first offense, $2,000 fine for the second offense, and beginning the due process for the revocation of the permits for the third offense.
Multifamily properties
City Manager Saeki and Director Pongetti answered questions regarding the number of approved short-term rentals on a multifamily properties.
CONSENSUS
By consensus, the City Council directed Staff to bring back a report with further information on how other cities handle STRs in multifamily properties.
Occupancy
City Manager Saeki and Director Pongetti answered questions regarding parking concerns; parking restrictions; and enforcement.
CONSENSUS
By consensus, the City Council directed Staff to bring back a report with further information on how other cities handle occupancy and parking requirements.
Distance Requirements between STR5
City Manager Saeki and Director Pongetti answered questions regarding density considerations; the number and location current STRs in Whittier; and a residency requirement.
CONSENSUS
The City Council directed Staff to proceed with a residency requirement (owner must live on the property for 50% + I day of the year or if owner doesn’t live on the property, they must live within the city) and to change the minimum stay from two days to seven days.
15. COUNCIL MEMBER I DIRECTOR COMMENTS AND CONFERENCE REPORTS Council Member 0. Martinez discussed previous comments he made regarding the responsibility of the tree on Comstock Avenue.
Council Member J. Martinez reminded residents that it’s Breast Cancer Awareness Month; discussed the LGBTQ+ center funded by the County; discussed the terrorist attacks occurring in Israel; and indicated her friend, Cindy Ruelas, died of cancer last week.
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Mayor Pro Tern Dutra indicated he attended the CAPC, Inc event: thanked Council Member 0. Martinez for his work with Supervisor Janice Hahn and Senator Bob Archuleta to raise $75,000 for CAPC; and indicated he and Mayor Vinatieri attended the Quick Quack Carwash opening.
Mayor Vinatieri discussed the City of Whittier is leading the charge in the litigation against the zero-bail policy and the terrorist attacks on Israel over the weekend beginning on October 7, 2023.
The City Council had a moment of silence for the victims of the conflict in the Middle East.
16. ADJOURNMENT
The City Council returned to Closed Session.
City Clerk Garcia indicated there was nothing to report out of Closed Session and adjourned the meeting at 9:16 p.m.